Are Atlanta DUI Roadblocks Legal?Defending an Atlanta DUI

If you have been arrested in the City of Atlanta because of a DUI roadblock, your first step should be to discuss your case with an experienced Atlanta DUI Lawyer. At the Howard Law Group, our Atlanta DUI lawyers are well-versed in the roadblock process and on how to uphold your rights. We are aggressive litigators and Former Prosecutors when it comes to Atlanta lawyers. You can rely on this firm to provide an unparalleled defense of your future.

Can I challenge a DUI roadblock arrest?

Absolutely, just as with any Atlanta DUI arrest, an insightful lawyer can scrutinize the details of your case to find a successful defense. In fact, you may have a clearer defense if your arrest stemmed from a Atlanta DUI roadblock than from a traffic stop. You won’t have a record of reckless driving for one thing. One of the most important proofs is the reason for which an officer pulled you over. At a roadblock, you weren’t stopped for erratic behavior, so a prosecutor won’t have any visual evidence of impaired driving.

What’s more, supervisors must approve any Atlanta DUI roadblock before it can start. The location must be deemed suitable, meaning that it is a known site of drunk driving arrests and crashes. The checkpoint must also be broadcast beforehand; this includes clear and obvious warnings signs on the road.

Officers must also stick to a certain, pre-determined order, whether that is asking every driver to stop, or stopping only every third car, for example. Even if you are validly stopped at a roadblock, an officer needs an additional reason to ask you to perform field sobriety tests and a breathalyzer test. If Atlanta police didn’t see an open alcohol container, bloodshot eyes, or other signs of possible intoxication, then your arrest could be invalid.

As it is, many believe that the Atlanta DUI roadblock is a process that often interferes with driver’s constitutional rights, as this could be considered an unreasonable search and seizure. After all, officers aren’t relying on probable cause to stop you, only a randomly selected order. If you have been arrested at a Atlanta or Georgia DUI roadblock, you likely have many defenses. Start talking to a skilled lawyer about these defenses today.